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Federal Circuitry is a data-driven Federal Circuit blog. Our Federal Circuit Statistics empirically analyze quantifiable aspects of the Court. Our En Banc Tracker highlights pending and past petitions. Our Substantive Order Tracker allows you to search less-discussed orders. Check back weekly for Last Week in the Federal Circuit and monthly for our Oral Argument Recap. Follow us on Twitter @Fed_Circuitry.

September 03, 2024 - Patent - Attorney Fees
What Makes a Case Exceptional?
By: Noah Priluck
Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C. , No. 23-1035 (Fed. Cir.) What Makes a Case Exceptional? Panel : Chief Judge Moore and Judges Lourie and Albright, [1] with Judge Albright authoring the opinion. You should read this case if : you are
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November 03, 2023 - Federal Circuit Insights
Fifth Circuit Weighs In on Transfer Factors In High-Tech IP Case
By: Brian C. Nash and Regan J. Rundio
The Federal Circuit is charged with disposing of the mandamus petitions that regularly arise from decisions denying transfer under 28 U.S.C. § 1404(a) in Texas patent litigation. The Fifth Circuit, whose law the Federal Circuit applies in such cases, rarely issues precedential transfer opinions—not
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October 23, 2023 - Last Week in the Federal Circuit
Recently in the Federal Circuit: More on Indefiniteness in IPRs
By: Rachel S. Dolphin
Means-plus-function claim elements can be a sticky wicket during an inter partes review, to borrow a phrase from the cricket lovers out there. These are claim elements drafted under 35 U.S.C. § 112(f) (or its predecessor paragraph 6) that recite an element of a combination
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October 16, 2023 - Last Week in the Federal Circuit
Recently in the Federal Circuit: Reasonable Expectation of Success May Not Be So Spooky After All
With Halloween fast approaching, many of us are asking the age-old question: “Is this decoration too heavy to hang with this [hook/tape/blue tack/string around a too-thin tree branch]?” The Federal Circuit faced a similar conundrum in one recent case and found that an ordinary
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October 09, 2023 - Last Week in the Federal Circuit
Recently in the Federal Circuit: Broadening Claims in IPRs
By: Aaron D. Bray
Our case this week, at first glance, features a typical appeal from the Patent Trial and Appeal Board and the construction of the jingle-worthy term “connection rejection message” in the context of two patents involving cellular telecommunications systems. But as discussed below, what may
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September 15, 2023 - Last Week in the Federal Circuit
Recently in the Federal Circuit: The New Board Construction Conundrum
If you’ve ever wondered how they keep implanted medical devices from becoming dead weight when the batteries run out, this recent Federal Circuit decision addresses one solution—wireless charging through the skin! It also sheds light on a petitioner’s options when the Patent Trial and Appeal
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August 11, 2023 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (July 31 – August 4): Federal Circuit Reminds To Focus On The Claims
By: Tait Karsten Anderson
This week’s case of the (recent) week could serve as a crash course in several areas of patent law. It touches on Hatch-Waxman litigation and the Orange Book, claim construction, anticipation/obviousness, written description and enablement, infringement, induced infringement, and a parallel IPR proceeding. But as discussed
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July 21, 2023 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (July 10 – July 14): An Applicant Gets Grilled On The Original Patent Requirement
With summer in full swing, it’s the perfect time to hang out in the pool and grill some burgers. Our case of the week involves an invention for doing both of those activities at the same time—and provides some insight on when claims can be
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July 14, 2023 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (July 3 – July 7): Three Lawsuits, Still No Claim Preclusion
Fans of civil procedure will want to check out our case of the week, which offers an interesting discussion of the requirements for claim preclusion in patent infringement suits—and a reminder about the distinctions between direct and induced infringement. Case of the week: Inguran,
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June 16, 2023 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (June 5 – June 9): A Nexus For Your Lexus
Summer is finally kicking into gear, but the Federal Circuit isn’t on vacation yet. Last week the Court issued several interesting decisions—including our case of the week, which analyzes the nexus requirement for objective evidence of nonobviousness. Case of the week: Yita LLC v. MacNeil
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